Assigned to HHS AS PASSED BY HOUSE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR S.B. 1392
state hospital; placement; court-ordered treatment
Purpose
Allows the medical director of the local mental health treatment agency assigned to
supervise and administer a patient's treatment program to file a motion requesting the court to
amend the treatment order to place the patient at the Arizona State Hospital (ASH).
Background
A court-ordered treatment patient, if not admitted to ASH for hospitalization at the time of
the order, must undergo treatment for at least 25 days in a local mental health treatment agency
geographically convenient for the patient before being admitted to ASH. The treatment
requirement does not apply if the court finds at a court-ordered treatment hearing that: 1) the
patient's present condition and history demonstrate that the patient will not benefit from the
required period of treatment in a local mental health treatment agency or that ASH provides a
program which is specific to the needs of the patient and is unavailable in the local mental health
treatment agency; or 2) there is no local mental health treatment agency readily available for
treatment. The finding must be based on the appropriate written reports from the medical director
of the local mental health treatment agency and the annual written description of available ASH
programs and services. The patient may be immediately hospitalized at ASH whenever the court
determines that the treatment requirement does not apply.
A court-ordered patient required to undergo treatment based on the determination of a
persistent or acute disability must be treated for at least 25 days solely in or by a local mental
health treatment agency, unless the patient is accepted by the ASH Superintendent for treatment
at ASH (A.R.S. § 36-541).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Allows, during any period of court-ordered treatment, the medical director of the local mental
health treatment agency assigned to supervise and administer the patient's treatment program
to file a motion requesting the court to amend the treatment order to place the patient at ASH.
2. Removes the requirement that a patient ordered to undergo treatment for a persistent or acute
disability first be treated for at least 25 days in or by a local mental health treatment agency.
FACT SHEET – Amended
S.B. 1392
Page 2
3. Allows the court to amend the original treatment order to authorize the patient's placement at
ASH if, after a hearing, the court finds that:
a) the patient's present condition and history demonstrate that the patient will not benefit from
a continued period of treatment in or by a local mental health treatment agency; or
b) ASH provides a program that is specific to the needs of the patient and is unavailable in a
local mental health treatment agency, that ASH is the least restrictive placement to meet
the needs of the patient for the foreseeable future and that there is a legally available funded
bed.
4. Requires the ASH Superintendent, within five days after receiving court notice, to notify the
court whether an ASH bed is available.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee
• Allows the court to amend an original treatment order and admit a patient to ASH only if there
is an available funded bed.
Amendments Adopted by Committee of the Whole
• Clarifies an available funded bed must be legally available and funded for the court to amend
the original treatment order.
Amendments Adopted by the House of Representatives
• Requires the ASH Superintendent, within five days after receiving court notice, to notify the
court whether an ASH bed is available.
Senate Action House Action
HHS 2/21/22 DPA 4-3-1 JUD 2/23/22 DPA 10-0-0-0
3
rd
Read 3/2/22 16-11-3 3
rd
Read 6/6/22 49-0-11
Prepared by Senate Research
June 6, 2022
MM/MC/sr